Court Orders Westchester County to Comply with Fair Housing Agreement

The federal government sued Westchester County for falsely certifying to HUD that it was meeting commitments to affirmatively further fair housing.  The federal Department of Justice and the county signed a Consent Decree to settle the case in 2009, requiring payment by the county of $30 million for false claims and development of 750 new affordable housing units in areas having low black and Hispanic populations. A monitor appointed by the court later reported that the county had breached the Consent Decree by: (a) not completing an analysis of impediments (AI) to fair housing choice within the county; and (b) failing to promote the model zoning ordinance described in the Consent Decree by providing municipalities with incentives or engaging in litigation. The court agreed that the county failed to complete the required analysis but reserved decision on whether the county had failed to promote the model zoning ordinance. At the request of the monitor and the federal government, the court ordered the county to retain a consultant to prepare an analysis of impediments acceptable to HUD. This could help the court determine how to rule on the issue of promotion of the model zoning ordinance.

United States of America v. Westchester Co.: Index No 06 Civ. 2860, NYLJ No. 1202763093701 (SDNY; 7/18/16; Cote, J)